The development towards multinational transport company groups above and beyond the nation states – how does the law respond to that?

Complex and diffuse ownership and management structures in shipping Starting points Complex and diffuse ownership and management structures in shipping No need for strategies in a free market

Compulsory insurance certificates Contact strategies Arrest Cabotage Compulsory insurance certificates

Definitional strategies Reder, armateur or owners pro hac vice Owner at the time of the incident Registered owner “the owner, including the registered owner, bareboat charterer, manager and operator of the ship” “effective management of the enterprise is situated.” Vessels registered in two states Real owner

Organizational strategies Designated person in charge of ship’s safety Reder Designated safety management organization Duty to make the ship seaworthy as a non delegable duty

Clarification strategies Norwegian law Rt. 1997.1477 Lys Line Rt. 1993.490 Reksten Rt. 1980.1109 Fekete Undisclosed principal Contracting carrier remain liable

Hostage strategies Providers of financial security Officers and crew

Enforcement strategies Jurisdiction not dependent on business organization Arbitration awards Limitation actions Public law

Non-encouragement strategies Unification strategies Other strategies Non-encouragement strategies Unification strategies

Strategy shortcomings Finding the right entity to sue Finding which companies that coordinate their actions Finding where the company has got funds